A sentence of 12 years' imprisonment with a serious violent offence declaration for maintaining a sexual relationship with a child involving regular penile intercourse by the complainant's father and sole carer over two years, after trial and with no mitigating circumstances, is within the sentencing discretion and not manifestly excessive. Section 9(10A) of the Penalties and Sentences Act 1992 (Qld) does not of itself justify significantly more severe sentences for sexual offending against children by lineal descendants compared to sentences imposed before its enactment, given that such offending was already recognised as aggravated, but it supports a sentence at the upper end of the discretion.
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